Local+purchase+order+lpo+form4
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Jul 22, 2011
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Standard Invitation
for Quotations
Procurement of
Goods
Public Procurement Regulatory Authority
P.O. Box 49,
Dar es Salaam.
July, 2007
for Quotations
Procurement of
Goods
Public Procurement Regulatory Authority
P.O. Box 49,
Dar es Salaam.
July, 2007
[Insert Name of Procuring Entity]
[Insert Logo]
Quotation No:………………………………….
For
[Insert title or brief description of the goods]
INVITATION FOR QUOTATIONS
Date: ………………
To: [Insert name of Supplier]
1. The Government of Tanzania has set aside funds for the operation of the [in-
sert the name of the employer, especially the benefiting Procuring Entity for which the
funds has been allocated for] during the financial year [insert the year under financ-
ing]. It is intended that part of the proceeds of the fund will be used to cover el-
igible payment under the contract for which this invitation for quotation is is-
sued.
or
The [insert name of Procuring Entity] has received/has applied for/intends to
apply for a [loan/credit /grant] from the [name of financing institution] towards
the cost of [insert name of project], and it intends to apply part of the proceeds of
this [loan/credit/grant] to cover eligible payments under the contract for which
this invitation for quotation is issued.
2. You are hereby invited to submit your price quotation for supplying the goods
as described in the Schedule of Requirements and Prices attached as Appendix
A.
3. All quotations in one original plus [insert no.] copies, properly filled in, and
enclosed in plain envelopes marked [Insert the description of goods to be supplied]
must be delivered to the [state the address] and deposited in the bid box.
4. Deadline for submission will be on [insert time and date]. Quotations will be
opened promptly thereafter in public and in the presence of Supplier’s
representatives who choose to attend in the opening at the [insert the physical
address of the place for bid opening].
5. Late quotations, portion of quotations, electronic quotations, quotations not
received, quotations not opened at the quotation opening ceremony shall
not be accepted for evaluation irrespective of the circumstances.
[Insert name and signature of Authorized Personnel of the Procuring Entity]
[Insert Logo]
Quotation No:………………………………….
For
[Insert title or brief description of the goods]
INVITATION FOR QUOTATIONS
Date: ………………
To: [Insert name of Supplier]
1. The Government of Tanzania has set aside funds for the operation of the [in-
sert the name of the employer, especially the benefiting Procuring Entity for which the
funds has been allocated for] during the financial year [insert the year under financ-
ing]. It is intended that part of the proceeds of the fund will be used to cover el-
igible payment under the contract for which this invitation for quotation is is-
sued.
or
The [insert name of Procuring Entity] has received/has applied for/intends to
apply for a [loan/credit /grant] from the [name of financing institution] towards
the cost of [insert name of project], and it intends to apply part of the proceeds of
this [loan/credit/grant] to cover eligible payments under the contract for which
this invitation for quotation is issued.
2. You are hereby invited to submit your price quotation for supplying the goods
as described in the Schedule of Requirements and Prices attached as Appendix
A.
3. All quotations in one original plus [insert no.] copies, properly filled in, and
enclosed in plain envelopes marked [Insert the description of goods to be supplied]
must be delivered to the [state the address] and deposited in the bid box.
4. Deadline for submission will be on [insert time and date]. Quotations will be
opened promptly thereafter in public and in the presence of Supplier’s
representatives who choose to attend in the opening at the [insert the physical
address of the place for bid opening].
5. Late quotations, portion of quotations, electronic quotations, quotations not
received, quotations not opened at the quotation opening ceremony shall
not be accepted for evaluation irrespective of the circumstances.
[Insert name and signature of Authorized Personnel of the Procuring Entity]
APPENDIX A
SCHEDULE OF REQUIREMENTS AND PRICES
SCHEDULE OF REQUIREMENTS AND PRICES
Schedule of Requirements and Prices
ItemDescription of Goods Units QuantityRate Amount
(Tshs.)
Warranty Period
(where
applicable)
Total Amount for Supply of Goods excluding VAT
Add VAT
Total Amount for Supply of Goods (including VAT)
Goods to supplied to [insert destination of goods]
Total Amount in Tshs.(in words)[insert Total Amount for Supply of Goods, excluding
VAT]
The delivery period offered is:[insert number] days/weeks/months from date of
LPO
2
ItemDescription of Goods Units QuantityRate Amount
(Tshs.)
Warranty Period
(where
applicable)
Total Amount for Supply of Goods excluding VAT
Add VAT
Total Amount for Supply of Goods (including VAT)
Goods to supplied to [insert destination of goods]
Total Amount in Tshs.(in words)[insert Total Amount for Supply of Goods, excluding
VAT]
The delivery period offered is:[insert number] days/weeks/months from date of
LPO
2
APPENDIX B
INSTRUCTIONS TO BIDDERS
3
INSTRUCTIONS TO BIDDERS
3
1. The Supplier shall attach the following to its quotation;
1.1A duly completed and signed priced offer as per the Schedule of Rates
and Prices attached as Appendix A.
1.2A valid Business License.
1.3A valid VAT and TIN certificate.
1.4Manufacturer’s Authorization Letter.
1.5A list of recent performed contracts including the names and addresses
of the Employers for verification.
1.6A Sample of the goods to be supplied (where applicable) which will
remain with the procuring entity for validation against the supplied
goods.
1.7[Insert any other documentation required by the Procuring Entity].
2. Information on technical specifications is attached as Appendix B.
3. Bid price;
3.1The contract shall be for all quantities as described in Appendix A.
3.2Corrections, if any shall be made by crossing out, initialing, dating and
rewriting.
3.3All duties, taxes and other levies payable by the Supplier under the
contract shall be included in the total price.
3.4The rates quoted by the bidder shall be fixed for the duration of the
contract and shall not be subject to adjustment on any account.
3.5The prices should be quoted in [insert currency].
4. The Supplier shall complete the Quotation Submission Form which is attached
as Appendix F. The Quotation Submission Form must be completed without
any alterations to its format and no substitute shall be accepted.
5. The payment will be made in [insert currency].
6. Quotation shall remain valid for a period of not less than 45 days after the
deadline for submission.
7. Alternative quotations are [“not applicable” or “applicable”]
8. The quotation shall be completed and signed by an authorized representative
of the bidder. In case of a Supplier offering to supply goods that the Supplier
itself does not manufacturer or otherwise produce, the Supplier must show
that they have been duly authorized by the goods’ manufacturer to supply the
goods in Tanzania.
9. The Procuring Entity will evaluate and compare the quotations in the
following manner:
4
1.1A duly completed and signed priced offer as per the Schedule of Rates
and Prices attached as Appendix A.
1.2A valid Business License.
1.3A valid VAT and TIN certificate.
1.4Manufacturer’s Authorization Letter.
1.5A list of recent performed contracts including the names and addresses
of the Employers for verification.
1.6A Sample of the goods to be supplied (where applicable) which will
remain with the procuring entity for validation against the supplied
goods.
1.7[Insert any other documentation required by the Procuring Entity].
2. Information on technical specifications is attached as Appendix B.
3. Bid price;
3.1The contract shall be for all quantities as described in Appendix A.
3.2Corrections, if any shall be made by crossing out, initialing, dating and
rewriting.
3.3All duties, taxes and other levies payable by the Supplier under the
contract shall be included in the total price.
3.4The rates quoted by the bidder shall be fixed for the duration of the
contract and shall not be subject to adjustment on any account.
3.5The prices should be quoted in [insert currency].
4. The Supplier shall complete the Quotation Submission Form which is attached
as Appendix F. The Quotation Submission Form must be completed without
any alterations to its format and no substitute shall be accepted.
5. The payment will be made in [insert currency].
6. Quotation shall remain valid for a period of not less than 45 days after the
deadline for submission.
7. Alternative quotations are [“not applicable” or “applicable”]
8. The quotation shall be completed and signed by an authorized representative
of the bidder. In case of a Supplier offering to supply goods that the Supplier
itself does not manufacturer or otherwise produce, the Supplier must show
that they have been duly authorized by the goods’ manufacturer to supply the
goods in Tanzania.
9. The Procuring Entity will evaluate and compare the quotations in the
following manner:
4
9.1Preliminary Examination; to determine substantially responsive quotations
i.e. which; are properly signed and conform to the terms and conditions
and specifications.
9.2Quotations determined to be substantially responsive will be checked for
any arithmetic errors. In case of any arithmetical discrepancy between the
unit rate and amount quoted, then the unit rate shall prevail both for the
evaluation of quotation and for subsequent contract agreement.
9.3Comparison of quotations; in evaluating the quotations, the evaluation
committee will determine for each quotation the evaluated quotation price
by adjusting the quotation prices as follows;
(a)making any correction for errors.
(b)making appropriate adjustment for any other acceptable variations,
deviations or omissions and;
(c)making appropriate adjustments to reflect discounts for the award or
other price modifications offered.
10. The Procuring Entity will award the contract to the Supplier whose quotation
has been determined to be substantially responsive and who has offered the
lowest evaluated quotation price.
11.The Procuring Entity reserves the right at the time of contract award to
increase or decrease up to fifteen percent (15%) of the quantity of goods to be
supplied originally specified in the Schedule of Requirements and Prices
without any change in unit price or other terms of conditions and this shall be
reflected in the LPO.
12.Notwithstanding the above, the Procuring Entity reserves the right to accept
any quotations and reject all quotations at any time prior to the award of
contract.
13.The Supplier whose bid is accepted will be notified for the award of contract
by the Procuring Entity prior to expiration of the quotation validity period.
[The Local Purchase Order (LPO) including all conditions and terms of payments
should be furnished to the Supplier with this invitation for quotations]
14.Bidders have the right to seek for review of procurement decisions pursuant
to PART IX of Public Procurement (Goods, Works, Non-consultant Services
and Disposal of Public Assets by Tender) Regulations, 2005 Government
Notice No. 97.
5
i.e. which; are properly signed and conform to the terms and conditions
and specifications.
9.2Quotations determined to be substantially responsive will be checked for
any arithmetic errors. In case of any arithmetical discrepancy between the
unit rate and amount quoted, then the unit rate shall prevail both for the
evaluation of quotation and for subsequent contract agreement.
9.3Comparison of quotations; in evaluating the quotations, the evaluation
committee will determine for each quotation the evaluated quotation price
by adjusting the quotation prices as follows;
(a)making any correction for errors.
(b)making appropriate adjustment for any other acceptable variations,
deviations or omissions and;
(c)making appropriate adjustments to reflect discounts for the award or
other price modifications offered.
10. The Procuring Entity will award the contract to the Supplier whose quotation
has been determined to be substantially responsive and who has offered the
lowest evaluated quotation price.
11.The Procuring Entity reserves the right at the time of contract award to
increase or decrease up to fifteen percent (15%) of the quantity of goods to be
supplied originally specified in the Schedule of Requirements and Prices
without any change in unit price or other terms of conditions and this shall be
reflected in the LPO.
12.Notwithstanding the above, the Procuring Entity reserves the right to accept
any quotations and reject all quotations at any time prior to the award of
contract.
13.The Supplier whose bid is accepted will be notified for the award of contract
by the Procuring Entity prior to expiration of the quotation validity period.
[The Local Purchase Order (LPO) including all conditions and terms of payments
should be furnished to the Supplier with this invitation for quotations]
14.Bidders have the right to seek for review of procurement decisions pursuant
to PART IX of Public Procurement (Goods, Works, Non-consultant Services
and Disposal of Public Assets by Tender) Regulations, 2005 Government
Notice No. 97.
5
APPENDIX C
SPECIFICATIONS
[Attach Specifications]
SPECIFICATIONS
[Attach Specifications]
APPENDIX D
LOCAL PURCHASE ORDER (LPO)
LOCAL PURCHASE ORDER (LPO)
[Insert Full Name of Procuring Entity]
[Logo]
[Insert the Address of the Procuring Entity]
Local Purchase Order for
Procurement of Goods
Quotation No: [Insert quotation Number]
[Insert Description of Goods]
[Insert Name and Address of Supplier]
9
[Logo]
[Insert the Address of the Procuring Entity]
Local Purchase Order for
Procurement of Goods
Quotation No: [Insert quotation Number]
[Insert Description of Goods]
[Insert Name and Address of Supplier]
9
To: [Insert Name and Address of Supplier]
Your quotation reference [reference number] dated [date of quotation] is accepted and
you are required to supply the goods as detailed on the attached Schedule of
Requirements and Prices against the terms and conditions contained in this Local
Purchase Order (LPO). This order is placed subject to the attached General Condition
of Contract for LPO, except where modified by the terms stated below.
TERMS AND CONDITIONS OF THIS LOCAL PURCHASE ORDER:
1.Contract Sum: The Contract Sum is [state contract sum in Tshs VAT inclusive or
exclusive].
2.Delivery Period: The goods are to be delivered within [insert number]
days/weeks/months from the date of this Local Purchase Order.
3.Warranty: The warranty/guarantee period is as indicated in the attached Schedule
of Requirements and Prices.
The Supplier shall provide the warranty, as stipulated in the invitation for
quotations for goods to be supplied and confirm that if any faults are detected
within the warranty period in the supplied/installed goods, the Supplier shall be
bound to rectify the fault or replace the goods as the case may be within [insert
number] days otherwise the Purchaser may proceed to take such remedial action as
may be necessary, at the Supplier’s risk and expense and without prejudice to any
other rights which Purchaser may have against the Supplier under the contract
4.Delivery point: The goods are to be delivered to [indicate physical address]
Contact Person: Notices, enquiries and documentation should be addressed to
[insert name and position of individual] at [insert address]
5.Payment to Supplier:
Payment will be made within [insert number] days [or state alternative agreed
payment terms] on completion of satisfactory performance of the contract. The
following documentation must be supplied for payments to be made:
·An original and two copies of an Invoice;
·A delivery note evidencing dispatch of the goods;
·A completion certificate signed by [Authority responsible for certifying
satisfactory completion of the order/works/services]; and
·[List other documents required e.g. packing lists, certificates, special shipping
documents]
10
Your quotation reference [reference number] dated [date of quotation] is accepted and
you are required to supply the goods as detailed on the attached Schedule of
Requirements and Prices against the terms and conditions contained in this Local
Purchase Order (LPO). This order is placed subject to the attached General Condition
of Contract for LPO, except where modified by the terms stated below.
TERMS AND CONDITIONS OF THIS LOCAL PURCHASE ORDER:
1.Contract Sum: The Contract Sum is [state contract sum in Tshs VAT inclusive or
exclusive].
2.Delivery Period: The goods are to be delivered within [insert number]
days/weeks/months from the date of this Local Purchase Order.
3.Warranty: The warranty/guarantee period is as indicated in the attached Schedule
of Requirements and Prices.
The Supplier shall provide the warranty, as stipulated in the invitation for
quotations for goods to be supplied and confirm that if any faults are detected
within the warranty period in the supplied/installed goods, the Supplier shall be
bound to rectify the fault or replace the goods as the case may be within [insert
number] days otherwise the Purchaser may proceed to take such remedial action as
may be necessary, at the Supplier’s risk and expense and without prejudice to any
other rights which Purchaser may have against the Supplier under the contract
4.Delivery point: The goods are to be delivered to [indicate physical address]
Contact Person: Notices, enquiries and documentation should be addressed to
[insert name and position of individual] at [insert address]
5.Payment to Supplier:
Payment will be made within [insert number] days [or state alternative agreed
payment terms] on completion of satisfactory performance of the contract. The
following documentation must be supplied for payments to be made:
·An original and two copies of an Invoice;
·A delivery note evidencing dispatch of the goods;
·A completion certificate signed by [Authority responsible for certifying
satisfactory completion of the order/works/services]; and
·[List other documents required e.g. packing lists, certificates, special shipping
documents]
10
6.The following documents attached as appendices form part of this Contract:
·General Conditions of Contract for Local Purchase Order (LPO)
·(Attach the specifications/drawings/plans)
·[List any other such documents]
11
·General Conditions of Contract for Local Purchase Order (LPO)
·(Attach the specifications/drawings/plans)
·[List any other such documents]
11
SCHEDULE OF REQUIREMENTS AND PRICES
Item
No.
Description Unit of
Measure
QuantityUnit Price
Tshs.
Total Price
Tshs.
Warranty Period
(Where
applicable)
Total Amount in Tshs. (including VAT)
12
For Purchaser:
Signature:………………………………….
Name:……………………………………..
Designation:………………………………
Date:………………………………..
For Supplier:
Signature:……………………………….
Name:……………………………………
Designation:……………………………..
Date:…………………………………….
Item
No.
Description Unit of
Measure
QuantityUnit Price
Tshs.
Total Price
Tshs.
Warranty Period
(Where
applicable)
Total Amount in Tshs. (including VAT)
12
For Purchaser:
Signature:………………………………….
Name:……………………………………..
Designation:………………………………
Date:………………………………..
For Supplier:
Signature:……………………………….
Name:……………………………………
Designation:……………………………..
Date:…………………………………….
APPENDIX E
GENERAL CONDITIONS OF CONTRACT FOR
LOCAL PURCHASE ORDER
GENERAL CONDITIONS OF CONTRACT FOR
LOCAL PURCHASE ORDER
1.0Definitions
1.1“The Contract” means the agreement entered into between the
Purchaser and the Supplier, including all specifications, plans,
drawings or other documents and conditions which may be referred to
in the Contract.
1.2“The Contract Price” means the price payable to the Supplier under the
Contract for the full and proper performance of its contractual
obligations.
1.3“The Goods” means raw materials, products, equipment and other
physical objects of every kind and description, whether in solid, liquid or
gaseous form, electricity, intangible asset and intellectual property, as
well as services incidental to the supply of the goods provided that the
value of services does not exceed the value of the goods themselves.
1.4 “The Incidental Services” means those services ancillary to the supply of
the Goods, such as transportation and insurance, and any other incidental
services, such as installation, commissioning, provision of technical
assistance, training, and other such obligations of the Supplier covered
under the Contract.
1.5 “The Purchaser” means the Government Entity purchasing the Goods, as
named in the Contract.
1.6“The Supplier” means company, corporation, organization, partnership or
individual person supplying goods or services, hiring equipment or
providing transport services and who is, according to the contract, a
potential party or the party to procurement contract with the procuring
entity.
2.0Eligibility
2.1The Supplier and its Subcontractors shall have the nationality of an
eligible country. A Supplier or Subcontractor shall be deemed to have
the nationality of a country if it is a citizen or constituted, incorporated,
or registered, and operates in conformity with the provisions of the
laws of that country.
2.2All Goods, Works and Services supplied under the Contract shall have
their origin in eligible countries and territories. Eligible countries shall
include all member states of the United Nations.
2.3 For purposes of this Clause, “origin” means the place where the Goods
were mined, grown, or produced, or from which the Works or Services
are supplied. Goods are produced when, through manufacturing,
processing, or substantial and major assembly of components, a
commercially recognized new product results that is substantially
12
1.1“The Contract” means the agreement entered into between the
Purchaser and the Supplier, including all specifications, plans,
drawings or other documents and conditions which may be referred to
in the Contract.
1.2“The Contract Price” means the price payable to the Supplier under the
Contract for the full and proper performance of its contractual
obligations.
1.3“The Goods” means raw materials, products, equipment and other
physical objects of every kind and description, whether in solid, liquid or
gaseous form, electricity, intangible asset and intellectual property, as
well as services incidental to the supply of the goods provided that the
value of services does not exceed the value of the goods themselves.
1.4 “The Incidental Services” means those services ancillary to the supply of
the Goods, such as transportation and insurance, and any other incidental
services, such as installation, commissioning, provision of technical
assistance, training, and other such obligations of the Supplier covered
under the Contract.
1.5 “The Purchaser” means the Government Entity purchasing the Goods, as
named in the Contract.
1.6“The Supplier” means company, corporation, organization, partnership or
individual person supplying goods or services, hiring equipment or
providing transport services and who is, according to the contract, a
potential party or the party to procurement contract with the procuring
entity.
2.0Eligibility
2.1The Supplier and its Subcontractors shall have the nationality of an
eligible country. A Supplier or Subcontractor shall be deemed to have
the nationality of a country if it is a citizen or constituted, incorporated,
or registered, and operates in conformity with the provisions of the
laws of that country.
2.2All Goods, Works and Services supplied under the Contract shall have
their origin in eligible countries and territories. Eligible countries shall
include all member states of the United Nations.
2.3 For purposes of this Clause, “origin” means the place where the Goods
were mined, grown, or produced, or from which the Works or Services
are supplied. Goods are produced when, through manufacturing,
processing, or substantial and major assembly of components, a
commercially recognized new product results that is substantially
12
different in basic characteristics or in purpose or utility from its
components.
2.4 The origin of Goods is distinct from the nationality of the Supplier.
3.0Standards
3.1The Goods supplied under the Contract shall conform to all standards and
requirements mentioned in the technical specifications, plans, drawings,
terms of reference or other documentation forming part of the Contract.
4.0Use of Contract Documents and Information
4.1 The Supplier shall not, without the Purchaser’s prior written consent,
disclose the Contract, or any provision thereof, or any specification,
plan, drawing, pattern, sample, or information furnished by or on
behalf of the Purchaser in connection therewith, to any person other
than a person employed by the Supplier in the performance of the
Contract. Disclosure to any such employed person shall be made in
confidence and shall extend only so far as may be necessary for
purposes of such performance.
4.2 The Supplier shall not, without the Purchaser’s prior written consent,
make use of any document or information specified in GCC Clause 4.1,
except for purposes of performing the Contract.
4.3 All documents enumerated in GCC Clause 4.1, other than the Contract
itself, shall remain the property of the Purchaser and shall be returned
(all copies) to the Purchaser on completion of the Supplier’s
performance under the Contract, if so required by the Purchaser.
5.0Patent Rights
5.1 The Supplier shall indemnify the Purchaser against all third-party
claims of infringement of patent, trademark, or industrial design rights
arising from use of the goods, output of the services, performance of
the works, or any part thereof in the United Republic of Tanzania.
6.0Performance Security
6.1 If a Performance Security is specified in the invitation for quotations,
within fourteen (14) days of receipt of the notification of Contract
award, the successful Supplier shall furnish to the Purchaser the
performance security in the amount specified in the invitation for
quotations.
13
components.
2.4 The origin of Goods is distinct from the nationality of the Supplier.
3.0Standards
3.1The Goods supplied under the Contract shall conform to all standards and
requirements mentioned in the technical specifications, plans, drawings,
terms of reference or other documentation forming part of the Contract.
4.0Use of Contract Documents and Information
4.1 The Supplier shall not, without the Purchaser’s prior written consent,
disclose the Contract, or any provision thereof, or any specification,
plan, drawing, pattern, sample, or information furnished by or on
behalf of the Purchaser in connection therewith, to any person other
than a person employed by the Supplier in the performance of the
Contract. Disclosure to any such employed person shall be made in
confidence and shall extend only so far as may be necessary for
purposes of such performance.
4.2 The Supplier shall not, without the Purchaser’s prior written consent,
make use of any document or information specified in GCC Clause 4.1,
except for purposes of performing the Contract.
4.3 All documents enumerated in GCC Clause 4.1, other than the Contract
itself, shall remain the property of the Purchaser and shall be returned
(all copies) to the Purchaser on completion of the Supplier’s
performance under the Contract, if so required by the Purchaser.
5.0Patent Rights
5.1 The Supplier shall indemnify the Purchaser against all third-party
claims of infringement of patent, trademark, or industrial design rights
arising from use of the goods, output of the services, performance of
the works, or any part thereof in the United Republic of Tanzania.
6.0Performance Security
6.1 If a Performance Security is specified in the invitation for quotations,
within fourteen (14) days of receipt of the notification of Contract
award, the successful Supplier shall furnish to the Purchaser the
performance security in the amount specified in the invitation for
quotations.
13
6.2 The proceeds of the performance security shall be payable to the
Purchaser as compensation for any loss resulting from the Supplier’s
failure to complete its obligations under the Contract.
6.3 The performance security shall be denominated in Tanzania and shall
be in one of the following forms:
(a)a bank guarantee or an irrevocable letter of credit issued by a
reputable bank located in the United Republic of Tanzania or
abroad, acceptable to the Purchaser, in the format provided in
the invitation for quotations or another form acceptable to the
Purchaser; or
(b) a cashier’s or certified check.
6.4The performance security will be discharged by the Purchaser and
returned to the Supplier not later than thirty (30) days following the
date of completion of the Supplier’s performance obligations under the
Contract, including any warranty obligations.
7.0Inspections and Tests
7.1The Purchaser or its representative shall have the right to inspect
and/or to test the Goods to confirm their conformity to the Contract at
no extra cost to the Purchaser. The Contract shall specify any
inspections and tests the Purchaser requires and where they are to be
conducted. The Purchaser shall notify the Supplier in writing of the
identity of any representatives retained for these purposes.
7.2 Inspections and tests may be conducted on the premises of the
Supplier or its subcontractor(s), at point of delivery, and/or at the
project site. If conducted on the premises of the Supplier or its
subcontractor(s), all reasonable facilities and assistance, including
access to drawings and production data, shall be furnished to the
inspectors at no charge to the Purchaser.
7.3 Should any inspected or tested goods, works or services fail to conform
to the Specifications, the Purchaser may reject the Goods and the
Supplier shall either replace or make alterations necessary to meet
specification requirements free of cost to the Purchaser.
7.4The Purchaser’s right to inspect, test and, where necessary, reject the
Goods, Works or Services shall in no way be limited or waived by
reason of having previously been inspected, tested, and passed by the
Purchaser or its representative prior to shipment, installation or other
performance in the United Republic of Tanzania.
7.5 Nothing in GCC Clause 7 shall in any way release the Supplier from
any warranty or other obligations under this Contract.
14
Purchaser as compensation for any loss resulting from the Supplier’s
failure to complete its obligations under the Contract.
6.3 The performance security shall be denominated in Tanzania and shall
be in one of the following forms:
(a)a bank guarantee or an irrevocable letter of credit issued by a
reputable bank located in the United Republic of Tanzania or
abroad, acceptable to the Purchaser, in the format provided in
the invitation for quotations or another form acceptable to the
Purchaser; or
(b) a cashier’s or certified check.
6.4The performance security will be discharged by the Purchaser and
returned to the Supplier not later than thirty (30) days following the
date of completion of the Supplier’s performance obligations under the
Contract, including any warranty obligations.
7.0Inspections and Tests
7.1The Purchaser or its representative shall have the right to inspect
and/or to test the Goods to confirm their conformity to the Contract at
no extra cost to the Purchaser. The Contract shall specify any
inspections and tests the Purchaser requires and where they are to be
conducted. The Purchaser shall notify the Supplier in writing of the
identity of any representatives retained for these purposes.
7.2 Inspections and tests may be conducted on the premises of the
Supplier or its subcontractor(s), at point of delivery, and/or at the
project site. If conducted on the premises of the Supplier or its
subcontractor(s), all reasonable facilities and assistance, including
access to drawings and production data, shall be furnished to the
inspectors at no charge to the Purchaser.
7.3 Should any inspected or tested goods, works or services fail to conform
to the Specifications, the Purchaser may reject the Goods and the
Supplier shall either replace or make alterations necessary to meet
specification requirements free of cost to the Purchaser.
7.4The Purchaser’s right to inspect, test and, where necessary, reject the
Goods, Works or Services shall in no way be limited or waived by
reason of having previously been inspected, tested, and passed by the
Purchaser or its representative prior to shipment, installation or other
performance in the United Republic of Tanzania.
7.5 Nothing in GCC Clause 7 shall in any way release the Supplier from
any warranty or other obligations under this Contract.
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8.0Packing
8.1 The Supplier shall provide such packing of Goods as is required to
prevent damage or deterioration during transit to their final
destination, as indicated in the Contract. The packing shall be sufficient
to withstand, without limitation, rough handling during transit and
exposure to extreme temperatures, salt and precipitation during transit,
and open storage. Packing case size and weights shall take into
consideration, where appropriate, the remoteness of the final
destination and the absence of heavy handling facilities at all points in
transit.
8.2 Packing, marking, and documentation within and outside the packages
shall comply strictly with such special requirements as shall be
expressly provided for in the Contract, including additional
requirements specified in the Local Purchase Order and through any
subsequent instructions issued by the Purchaser.
9.0Delivery and Documents
9.1 Delivery of Goods shall be made by the Supplier in accordance with the
terms specified in the Schedule of Requirements and Prices. The details
of shipping and/or other documents to be furnished by the Supplier
are specified in the Local Purchase Order.
9.2 For purposes of the Contract, “EXW,” “CIF,” “CIP,” and other trade
terms used to describe the obligations of the parties shall have the
meanings assigned to them by the current edition of Incoterms
published by the International Chamber of Commerce, Paris.
9.3 Documents to be submitted by the Supplier are specified in the Local
Purchase Order and shall include certificates issued by the Purchaser
confirming acceptance of the Goods supplied by the Supplier.
10.0Insurance
10.1 Goods supplied under the Contract shall be fully insured in a freely
convertible currency against loss or damage incidental to manufacture
or acquisition, transportation, storage, and delivery in the manner
specified in the Local Purchase Order.
10.2Where delivery of Goods is required by the Purchaser on a CIF or CIP
basis, the Supplier shall arrange and pay for cargo insurance, naming
the Purchaser as beneficiary. The insurance shall be for 110 percent of
the CIF or CIP value on a “warehouse to warehouse”. All risks basis
including War Risks and Strikes.
11.0 Transportation
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8.1 The Supplier shall provide such packing of Goods as is required to
prevent damage or deterioration during transit to their final
destination, as indicated in the Contract. The packing shall be sufficient
to withstand, without limitation, rough handling during transit and
exposure to extreme temperatures, salt and precipitation during transit,
and open storage. Packing case size and weights shall take into
consideration, where appropriate, the remoteness of the final
destination and the absence of heavy handling facilities at all points in
transit.
8.2 Packing, marking, and documentation within and outside the packages
shall comply strictly with such special requirements as shall be
expressly provided for in the Contract, including additional
requirements specified in the Local Purchase Order and through any
subsequent instructions issued by the Purchaser.
9.0Delivery and Documents
9.1 Delivery of Goods shall be made by the Supplier in accordance with the
terms specified in the Schedule of Requirements and Prices. The details
of shipping and/or other documents to be furnished by the Supplier
are specified in the Local Purchase Order.
9.2 For purposes of the Contract, “EXW,” “CIF,” “CIP,” and other trade
terms used to describe the obligations of the parties shall have the
meanings assigned to them by the current edition of Incoterms
published by the International Chamber of Commerce, Paris.
9.3 Documents to be submitted by the Supplier are specified in the Local
Purchase Order and shall include certificates issued by the Purchaser
confirming acceptance of the Goods supplied by the Supplier.
10.0Insurance
10.1 Goods supplied under the Contract shall be fully insured in a freely
convertible currency against loss or damage incidental to manufacture
or acquisition, transportation, storage, and delivery in the manner
specified in the Local Purchase Order.
10.2Where delivery of Goods is required by the Purchaser on a CIF or CIP
basis, the Supplier shall arrange and pay for cargo insurance, naming
the Purchaser as beneficiary. The insurance shall be for 110 percent of
the CIF or CIP value on a “warehouse to warehouse”. All risks basis
including War Risks and Strikes.
11.0 Transportation
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11.1 Transportation of Goods shall be in accordance with the general
provisions of the Incoterm selected as for GCC Clause 9.2. No
restriction shall be placed on the choice of carrier.
11.2Where the Supplier is required under the Contract to transport Goods
to a specified place of destination within the United Republic of
Tanzania, defined as the Project Site, transport, including insurance and
storage, shall be arranged by the Supplier, and related costs shall be
included in the Contract Price.
12.0 Incidental Services
12.1 A Supplier may be required to provide any additional services as
specified within the Local Purchase Order.
13.0 Spare Parts
13.1If specified in the Local Purchase Order, the Supplier may be required
to provide materials, notifications, and information pertaining to spare
parts manufactured or distributed by the Supplier including:
(a)such spare parts as the Purchaser may elect to purchase from the
Supplier, provided that this election shall not relieve the
Supplier of any warranty obligations under the Contract; and
(b)in the event of termination of production of the spare parts:
(i)advance notification to the Purchaser of the pending
termination, in sufficient time to permit the Purchaser to
procure needed requirements; and
(ii) following such termination, furnishing at no cost to the
Purchaser, blueprints, drawings, and specifications of the
spare parts, if requested.
14.0 Warranty
14.1 The Supplier warrants that goods and materials supplied under the
Contract are new, unused, of the most recent or current models, and
incorporate all recent improvements in design and materials unless
provided otherwise in the Contract. The Supplier further warrants that
all Goods supplied under this Contract shall have no defect, arising
from design, materials, or workmanship or from any act or omission of
the Supplier, which may develop under normal use of the supplied
goods in the conditions prevailing in the United Republic of Tanzania.
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provisions of the Incoterm selected as for GCC Clause 9.2. No
restriction shall be placed on the choice of carrier.
11.2Where the Supplier is required under the Contract to transport Goods
to a specified place of destination within the United Republic of
Tanzania, defined as the Project Site, transport, including insurance and
storage, shall be arranged by the Supplier, and related costs shall be
included in the Contract Price.
12.0 Incidental Services
12.1 A Supplier may be required to provide any additional services as
specified within the Local Purchase Order.
13.0 Spare Parts
13.1If specified in the Local Purchase Order, the Supplier may be required
to provide materials, notifications, and information pertaining to spare
parts manufactured or distributed by the Supplier including:
(a)such spare parts as the Purchaser may elect to purchase from the
Supplier, provided that this election shall not relieve the
Supplier of any warranty obligations under the Contract; and
(b)in the event of termination of production of the spare parts:
(i)advance notification to the Purchaser of the pending
termination, in sufficient time to permit the Purchaser to
procure needed requirements; and
(ii) following such termination, furnishing at no cost to the
Purchaser, blueprints, drawings, and specifications of the
spare parts, if requested.
14.0 Warranty
14.1 The Supplier warrants that goods and materials supplied under the
Contract are new, unused, of the most recent or current models, and
incorporate all recent improvements in design and materials unless
provided otherwise in the Contract. The Supplier further warrants that
all Goods supplied under this Contract shall have no defect, arising
from design, materials, or workmanship or from any act or omission of
the Supplier, which may develop under normal use of the supplied
goods in the conditions prevailing in the United Republic of Tanzania.
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14.2 The Supplier warrants that all Works and Services performed under the
contract shall be of the highest professional and technical standards.
14.3 Warranties shall remain valid for period specified in the Local Purchase
Order after final acceptance of the Goods by the Purchaser.
14.4 The Purchaser shall promptly notify the Supplier in writing of any
claims arising under this warranty.
14.5 Upon receipt of such notice, the Supplier shall, with all reasonable
speed, repair or replace the defective goods, or parts thereof, without
costs to the Purchaser.
14.6 If the Supplier, having been notified, fails to remedy any defect within
the period specified in the Local Purchase Order, the Purchaser may
proceed to take such remedial action as may be necessary, at the
Supplier’s risk and expense and without prejudice to any other rights
which the Purchaser may have against the Supplier under the Contract.
15.0Payment
15.1 The method and conditions of payment to be made to the Supplier
under this Contract shall be specified in the Local Purchase Order.
15.2 The Supplier’s request(s) for payment shall be made to the Purchaser in
writing, accompanied by an invoice describing, as appropriate, the
goods delivered, works completed or services performed, and by
documents submitted pursuant to GCC Clause 9, and upon fulfillment
of other obligations stipulated in the Contract.
15.3 Payments shall be made promptly by the Purchaser, but in no case
number of days specified in the Local Purchase Order after submission
of an invoice or claim by the Supplier.
15.4Payments shall be made Tanzania Shillings unless otherwise stated in the
Local Purchase Order.
16.0Prices
16.1 Prices charged by the Supplier for goods delivered under the Contract
shall not vary from the prices quoted by the Supplier in its bid except
for any price adjustments authorized in the Contract.
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contract shall be of the highest professional and technical standards.
14.3 Warranties shall remain valid for period specified in the Local Purchase
Order after final acceptance of the Goods by the Purchaser.
14.4 The Purchaser shall promptly notify the Supplier in writing of any
claims arising under this warranty.
14.5 Upon receipt of such notice, the Supplier shall, with all reasonable
speed, repair or replace the defective goods, or parts thereof, without
costs to the Purchaser.
14.6 If the Supplier, having been notified, fails to remedy any defect within
the period specified in the Local Purchase Order, the Purchaser may
proceed to take such remedial action as may be necessary, at the
Supplier’s risk and expense and without prejudice to any other rights
which the Purchaser may have against the Supplier under the Contract.
15.0Payment
15.1 The method and conditions of payment to be made to the Supplier
under this Contract shall be specified in the Local Purchase Order.
15.2 The Supplier’s request(s) for payment shall be made to the Purchaser in
writing, accompanied by an invoice describing, as appropriate, the
goods delivered, works completed or services performed, and by
documents submitted pursuant to GCC Clause 9, and upon fulfillment
of other obligations stipulated in the Contract.
15.3 Payments shall be made promptly by the Purchaser, but in no case
number of days specified in the Local Purchase Order after submission
of an invoice or claim by the Supplier.
15.4Payments shall be made Tanzania Shillings unless otherwise stated in the
Local Purchase Order.
16.0Prices
16.1 Prices charged by the Supplier for goods delivered under the Contract
shall not vary from the prices quoted by the Supplier in its bid except
for any price adjustments authorized in the Contract.
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17.0Change Orders
17.1 The Purchaser may at any time, by a written order given to the Supplier
pursuant to GCC Clause 31, make changes within the general scope of
the Contract in any one or more of the following:
(a)Goods to be furnished under the Contract are to be specifically
manufactured for the Purchaser;
(b)methods of shipment, packing, construction or performance;
(c)the place of delivery; and/or
(d)incidental services to be provided by the Supplier.
17.2If any such change causes an increase or decrease in the cost of, or the
time required for, the Supplier’s performance of any provisions under
the Contract, an equitable adjustment shall be made in the Contract
Price or delivery schedule, or both, and the Contract shall accordingly
be amended. Any claims by the Supplier for adjustment under this
Clause must be asserted within thirty (30) days from the date of the
Supplier’s receipt of the Purchaser’s change order.
18.0 Contract Amendments
18.1Subject to GCC Clause 17, no variation in or modification of the terms
of the Contract shall be made except by written amendment signed by
the parties.
19.0 Assignment
19.1The Supplier shall not assign, in whole or in part, its obligations to
perform under this Contract, except with the prior written consent of
the Purchaser.
20.0 Sub-contracts
20.1The Supplier shall notify the Purchaser in writing of all subcontracts
awarded under this Contract if not already specified in the bid. Such
notification, in the original bid or later, shall not relieve the Supplier
from any liability or obligation under the Contract. Subcontracts must
comply with the provisions of GCC Clause 2.
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17.1 The Purchaser may at any time, by a written order given to the Supplier
pursuant to GCC Clause 31, make changes within the general scope of
the Contract in any one or more of the following:
(a)Goods to be furnished under the Contract are to be specifically
manufactured for the Purchaser;
(b)methods of shipment, packing, construction or performance;
(c)the place of delivery; and/or
(d)incidental services to be provided by the Supplier.
17.2If any such change causes an increase or decrease in the cost of, or the
time required for, the Supplier’s performance of any provisions under
the Contract, an equitable adjustment shall be made in the Contract
Price or delivery schedule, or both, and the Contract shall accordingly
be amended. Any claims by the Supplier for adjustment under this
Clause must be asserted within thirty (30) days from the date of the
Supplier’s receipt of the Purchaser’s change order.
18.0 Contract Amendments
18.1Subject to GCC Clause 17, no variation in or modification of the terms
of the Contract shall be made except by written amendment signed by
the parties.
19.0 Assignment
19.1The Supplier shall not assign, in whole or in part, its obligations to
perform under this Contract, except with the prior written consent of
the Purchaser.
20.0 Sub-contracts
20.1The Supplier shall notify the Purchaser in writing of all subcontracts
awarded under this Contract if not already specified in the bid. Such
notification, in the original bid or later, shall not relieve the Supplier
from any liability or obligation under the Contract. Subcontracts must
comply with the provisions of GCC Clause 2.
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21.0 Delays in the Supplier’s Performance
21.1Delivery of goods shall be made by the Supplier in accordance with
the time schedule prescribed by the Purchaser in the Local Purchase
Order.
21.2If at any time during performance of the Contract, the Supplier or its
subcontractor(s) should encounter conditions impeding timely delivery
of the Goods or performance of the Works or Services, the Supplier
shall promptly notify the Purchaser in writing of the fact of the delay,
its likely duration and its cause(s). As soon as practicable after receipt
of the Supplier’s notice, the Purchaser shall evaluate the situation and
may at its discretion extend the Supplier’s time for performance, with
or without liquidated damages, in which case the extension shall be
ratified by the parties by amendment of Contract.
21.3Except as provided under GCC Clause 24, a delay by the Supplier in
the performance of contractual obligations may render the Supplier
liable to the imposition of liquidated damages pursuant to GCC Clause
22, unless an extension of time is agreed upon pursuant to GCC Clause
21.2 without the application of liquidated damages.
22.0 Liquidated Damages
22.1Subject to GCC Clause 24 and if stated in the Local Purchase Order if
the Supplier fails to deliver any or all of the goods within the period(s)
specified in the Contract, the Purchaser may, without prejudice to all its
other remedies under the contract, deduct from the Contract Price, as
liquidated damages, a sum equivalent to the percentage specified in the
Local Purchase Order of the performance, up to a maximum deduction
of the percentage specified in the Local Purchase Order. One the
maximum is reached the Purchaser may terminate the contract
pursuant to GCC Clause 23.
23.0 Termination for Default
23.1The Purchaser, without prejudice to any other remedy for breach of
Contract, by written notice of default sent to the Supplier, may
terminate this Contract in whole or in part:
(a)if the Supplier fails to deliver any or all of the goods or to
perform the works or services within the period(s) specified in
the Contract, or within any extension thereof granted by the
Purchaser pursuant to GCC Clause 21; or
(b)if the Supplier fails to perform any other obligation(s) under
the Contract.
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21.1Delivery of goods shall be made by the Supplier in accordance with
the time schedule prescribed by the Purchaser in the Local Purchase
Order.
21.2If at any time during performance of the Contract, the Supplier or its
subcontractor(s) should encounter conditions impeding timely delivery
of the Goods or performance of the Works or Services, the Supplier
shall promptly notify the Purchaser in writing of the fact of the delay,
its likely duration and its cause(s). As soon as practicable after receipt
of the Supplier’s notice, the Purchaser shall evaluate the situation and
may at its discretion extend the Supplier’s time for performance, with
or without liquidated damages, in which case the extension shall be
ratified by the parties by amendment of Contract.
21.3Except as provided under GCC Clause 24, a delay by the Supplier in
the performance of contractual obligations may render the Supplier
liable to the imposition of liquidated damages pursuant to GCC Clause
22, unless an extension of time is agreed upon pursuant to GCC Clause
21.2 without the application of liquidated damages.
22.0 Liquidated Damages
22.1Subject to GCC Clause 24 and if stated in the Local Purchase Order if
the Supplier fails to deliver any or all of the goods within the period(s)
specified in the Contract, the Purchaser may, without prejudice to all its
other remedies under the contract, deduct from the Contract Price, as
liquidated damages, a sum equivalent to the percentage specified in the
Local Purchase Order of the performance, up to a maximum deduction
of the percentage specified in the Local Purchase Order. One the
maximum is reached the Purchaser may terminate the contract
pursuant to GCC Clause 23.
23.0 Termination for Default
23.1The Purchaser, without prejudice to any other remedy for breach of
Contract, by written notice of default sent to the Supplier, may
terminate this Contract in whole or in part:
(a)if the Supplier fails to deliver any or all of the goods or to
perform the works or services within the period(s) specified in
the Contract, or within any extension thereof granted by the
Purchaser pursuant to GCC Clause 21; or
(b)if the Supplier fails to perform any other obligation(s) under
the Contract.
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(c)if the Supplier, in the judgment of the Purchaser, has engaged in
corrupt or fraudulent practices in competing for or in executing
the Contract.
For the purpose of this Clause:
“corrupt practice” means the offering, giving, receiving, or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution.
“fraudulent practice” means a misrepresentation of facts in order
to influence a procurement process or the execution of a contract
to the detriment of the Purchaser, and includes collusive practice
among Bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open
competition.
23.2In the event the Purchaser terminates the Contract in whole or in part,
pursuant to GCC Clause 23.1, the Purchaser may procure, upon such
terms and in such manner as it deems appropriate, goods, works or
services similar to those undelivered, and the Supplier shall be liable to
the Purchaser for any excess costs for such similar goods, works or
services. However, the Supplier shall continue performance of the
Contract to the extent not terminated.
24.0 Force Majeure
24.1Notwithstanding the provisions of GCC Clauses 21, 22, and 23, the
Supplier shall not be liable for forfeiture of its performance security,
liquidated damages, or termination for default if and to the extent that
its delay in performance or other failure to perform its obligations
under the Contract is the result of an event of Force Majeure.
24.2For purposes of this Clause, “Force Majeure” means an event beyond
the control of the Supplier and not involving the Supplier’s fault or
negligence and not foreseeable. Such events may include, but are not
restricted to, acts of the Purchaser in its sovereign capacity, wars or
revolutions, fires, floods, epidemics, quarantine restrictions, and freight
embargoes.
24.3If a Force Majeure situation arises, the Supplier shall promptly notify
the Purchaser in writing of such condition and the cause thereof.
Unless otherwise directed by the Purchaser in writing, the Supplier
shall continue to perform its obligations under the Contract as far as is
reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
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corrupt or fraudulent practices in competing for or in executing
the Contract.
For the purpose of this Clause:
“corrupt practice” means the offering, giving, receiving, or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution.
“fraudulent practice” means a misrepresentation of facts in order
to influence a procurement process or the execution of a contract
to the detriment of the Purchaser, and includes collusive practice
among Bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open
competition.
23.2In the event the Purchaser terminates the Contract in whole or in part,
pursuant to GCC Clause 23.1, the Purchaser may procure, upon such
terms and in such manner as it deems appropriate, goods, works or
services similar to those undelivered, and the Supplier shall be liable to
the Purchaser for any excess costs for such similar goods, works or
services. However, the Supplier shall continue performance of the
Contract to the extent not terminated.
24.0 Force Majeure
24.1Notwithstanding the provisions of GCC Clauses 21, 22, and 23, the
Supplier shall not be liable for forfeiture of its performance security,
liquidated damages, or termination for default if and to the extent that
its delay in performance or other failure to perform its obligations
under the Contract is the result of an event of Force Majeure.
24.2For purposes of this Clause, “Force Majeure” means an event beyond
the control of the Supplier and not involving the Supplier’s fault or
negligence and not foreseeable. Such events may include, but are not
restricted to, acts of the Purchaser in its sovereign capacity, wars or
revolutions, fires, floods, epidemics, quarantine restrictions, and freight
embargoes.
24.3If a Force Majeure situation arises, the Supplier shall promptly notify
the Purchaser in writing of such condition and the cause thereof.
Unless otherwise directed by the Purchaser in writing, the Supplier
shall continue to perform its obligations under the Contract as far as is
reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
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25.0 Termination for Insolvency
25.1The Purchaser may at any time terminate the Contract by giving
written notice to the Supplier if the Supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without
compensation to the Supplier, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued or
will accrue thereafter to the Purchaser.
26.0Termination for Convenience
26.1The Purchaser, by written notice sent to the Supplier, may terminate
the Contract, in whole or in part, at any time for its convenience. The
notice of termination shall specify that termination is for the
Purchaser’s convenience, the extent to which performance of the
Supplier under the Contract is terminated, and the date upon which
such termination becomes effective.
26.2Goods that are complete and ready for shipment within thirty (30) days
after the Supplier’s receipt of notice of termination shall be accepted by
the Purchaser at the Contract terms and prices. For the remaining
goods, the Purchaser may elect:
(a) to have any portion completed and delivered at the Contract
terms and prices; and/or
(b) to cancel the remainder and pay to the Supplier an agreed
amount for partially completed goods, works and services and
for materials and parts previously procured by the Supplier.
26.3 For Works contracts, the Purchaser shall issue a payment certificate for
the value of work done, materials ordered, the reasonable costs of
removal of equipment and securing the site, and relocation of
Supplier’s personnel.
26.4For Services contracts, the Purchaser shall pay all time-based fees and
reimbursable expenses incurred up to the date of termination and for
all stage payments due in addition to reasonable costs of removal of
equipment and relocation of Supplier’s personnel.
27.0Settlement of Disputes
27.1If any dispute or difference of any kind whatsoever shall arise between
the Purchaser and the Supplier in connection with or arising out of the
Contract, the parties shall make every effort to resolve amicably such
dispute or difference by mutual consultation.
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25.1The Purchaser may at any time terminate the Contract by giving
written notice to the Supplier if the Supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without
compensation to the Supplier, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued or
will accrue thereafter to the Purchaser.
26.0Termination for Convenience
26.1The Purchaser, by written notice sent to the Supplier, may terminate
the Contract, in whole or in part, at any time for its convenience. The
notice of termination shall specify that termination is for the
Purchaser’s convenience, the extent to which performance of the
Supplier under the Contract is terminated, and the date upon which
such termination becomes effective.
26.2Goods that are complete and ready for shipment within thirty (30) days
after the Supplier’s receipt of notice of termination shall be accepted by
the Purchaser at the Contract terms and prices. For the remaining
goods, the Purchaser may elect:
(a) to have any portion completed and delivered at the Contract
terms and prices; and/or
(b) to cancel the remainder and pay to the Supplier an agreed
amount for partially completed goods, works and services and
for materials and parts previously procured by the Supplier.
26.3 For Works contracts, the Purchaser shall issue a payment certificate for
the value of work done, materials ordered, the reasonable costs of
removal of equipment and securing the site, and relocation of
Supplier’s personnel.
26.4For Services contracts, the Purchaser shall pay all time-based fees and
reimbursable expenses incurred up to the date of termination and for
all stage payments due in addition to reasonable costs of removal of
equipment and relocation of Supplier’s personnel.
27.0Settlement of Disputes
27.1If any dispute or difference of any kind whatsoever shall arise between
the Purchaser and the Supplier in connection with or arising out of the
Contract, the parties shall make every effort to resolve amicably such
dispute or difference by mutual consultation.
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27.2If, after thirty (30) days, the parties have failed to resolve their dispute
or difference by such mutual consultation, then either the Purchaser or
the Supplier may give notice to the other party of its intention to
commence arbitration proceedings as to the matter in dispute, and no
arbitration in respect of this matter may be commenced unless such
notice is given.
27.3Any dispute or difference in respect of which a notice of intention to
commence arbitration has been given in accordance with this Clause
shall be finally settled by arbitration. Arbitration may be commenced
prior to or after delivery of the goods or performance of the works or
services under the Contract.
27.4Arbitration proceedings shall be conducted in accordance with the
rules of procedure of an authorized arbitration service within the
United Republic of Tanzania.
27.5Notwithstanding any reference to arbitration herein,
(a)the parties shall continue to perform their respective obligations
under the Contract unless they otherwise agree; and
(b)the Purchaser shall pay the Supplier any monies due the
Supplier.
28.0 Limitation of Liability
28.1Except in cases of criminal negligence or willful misconduct, and in the
case of infringement pursuant to GCC Clause 5,
(a)the Supplier shall not be liable to the Purchaser, whether in
contract, tort, or otherwise, for any indirect or consequential loss
or damage, loss of use, loss of production, or loss of profits or
interest costs, provided that this exclusion shall not apply to any
obligation of the Supplier to pay liquidated damages to the
Purchaser; and
(b)the aggregate liability of the Supplier to the Purchaser, whether
under the Contract, in tort or otherwise, shall not exceed the
total Contract Price, provided that this limitation shall not apply
to the cost of repairing or replacing defective equipment.
29.0 Governing Language
29.1The Governing Language shall be English.
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or difference by such mutual consultation, then either the Purchaser or
the Supplier may give notice to the other party of its intention to
commence arbitration proceedings as to the matter in dispute, and no
arbitration in respect of this matter may be commenced unless such
notice is given.
27.3Any dispute or difference in respect of which a notice of intention to
commence arbitration has been given in accordance with this Clause
shall be finally settled by arbitration. Arbitration may be commenced
prior to or after delivery of the goods or performance of the works or
services under the Contract.
27.4Arbitration proceedings shall be conducted in accordance with the
rules of procedure of an authorized arbitration service within the
United Republic of Tanzania.
27.5Notwithstanding any reference to arbitration herein,
(a)the parties shall continue to perform their respective obligations
under the Contract unless they otherwise agree; and
(b)the Purchaser shall pay the Supplier any monies due the
Supplier.
28.0 Limitation of Liability
28.1Except in cases of criminal negligence or willful misconduct, and in the
case of infringement pursuant to GCC Clause 5,
(a)the Supplier shall not be liable to the Purchaser, whether in
contract, tort, or otherwise, for any indirect or consequential loss
or damage, loss of use, loss of production, or loss of profits or
interest costs, provided that this exclusion shall not apply to any
obligation of the Supplier to pay liquidated damages to the
Purchaser; and
(b)the aggregate liability of the Supplier to the Purchaser, whether
under the Contract, in tort or otherwise, shall not exceed the
total Contract Price, provided that this limitation shall not apply
to the cost of repairing or replacing defective equipment.
29.0 Governing Language
29.1The Governing Language shall be English.
22
30.0 Applicable Law
30.1The Contract shall be interpreted in accordance with the laws of the
United Republic of Tanzania.
31.0Notices
31.1Any notice given by one party to the other pursuant to this Contract
shall be sent to the other party in writing or by cable, telex, or facsimile
and confirmed in writing to the other party’s address specified in the
Local Purchase Order.
31.2A notice shall be effective when delivered or on the notice’s effective
date, whichever is later.
32.0Taxes and Duties
32.1A foreign Supplier shall be entirely responsible for all taxes, stamp
duties, license fees, and other such levies imposed both inside and
outside of the United Republic of Tanzania.
32.2A local Supplier shall be entirely responsible for all taxes, duties,
license fees, etc., incurred until delivery of the contracted goods to the
Purchaser or performance of the works or services.
33.0Change of Laws and Regulations
33.1If after the date invitation to quotations, any law or regulation changed
in United Republic of Tanzania (which shall be deemed to include any
change in interpretation or application by competent authorities) that
subsequently affects the delivery date and/or the contract price, then
such delivery date and/or contract price shall be correspondingly
increased or decreased, to the extent that the Supplier has thereby been
affected in the performance of any of its obligations under the contract.
23
30.1The Contract shall be interpreted in accordance with the laws of the
United Republic of Tanzania.
31.0Notices
31.1Any notice given by one party to the other pursuant to this Contract
shall be sent to the other party in writing or by cable, telex, or facsimile
and confirmed in writing to the other party’s address specified in the
Local Purchase Order.
31.2A notice shall be effective when delivered or on the notice’s effective
date, whichever is later.
32.0Taxes and Duties
32.1A foreign Supplier shall be entirely responsible for all taxes, stamp
duties, license fees, and other such levies imposed both inside and
outside of the United Republic of Tanzania.
32.2A local Supplier shall be entirely responsible for all taxes, duties,
license fees, etc., incurred until delivery of the contracted goods to the
Purchaser or performance of the works or services.
33.0Change of Laws and Regulations
33.1If after the date invitation to quotations, any law or regulation changed
in United Republic of Tanzania (which shall be deemed to include any
change in interpretation or application by competent authorities) that
subsequently affects the delivery date and/or the contract price, then
such delivery date and/or contract price shall be correspondingly
increased or decreased, to the extent that the Supplier has thereby been
affected in the performance of any of its obligations under the contract.
23
APPENDIX F
FORMS
FORMS
QUOTATION SUBMISSION FORM
…………………………….[date]
To: [Full address of Procuring]
We agree to supply the goods specified in the Schedule of Requirement and prices of
the …………………………… ………………… ……………… [name and identification
number of quotation] in accordance with the Conditions of Contract accompanying this
Bid for the Contract Price of …………………………………. [amount in numbers],
……………………………………………………… [amount in words] in Tanzanian
Shillings.
We also offer to delivery the said goods within the period of ……………
days/weeks / months (delete as necessary) as specified in the Local Purchase Order
and General Condition of Contract.
This quotation and your written acceptance of it shall constitute a binding Contract
between us. We understand that you are not bound to accept the lowest or any
quotation you receive.
We hereby confirm that this quotation complies with the conditions required by the
invitation for quotations.
Authorized Signature: ………………………………………………………………………
Name and Title of Signatory: …………………………………………...
……………………
Date: ……………………………………………………………………………………………
Name of Bidder: ……………………………………………………………………………
Address: …………………..………………………………………………….………………
24
…………………………….[date]
To: [Full address of Procuring]
We agree to supply the goods specified in the Schedule of Requirement and prices of
the …………………………… ………………… ……………… [name and identification
number of quotation] in accordance with the Conditions of Contract accompanying this
Bid for the Contract Price of …………………………………. [amount in numbers],
……………………………………………………… [amount in words] in Tanzanian
Shillings.
We also offer to delivery the said goods within the period of ……………
days/weeks / months (delete as necessary) as specified in the Local Purchase Order
and General Condition of Contract.
This quotation and your written acceptance of it shall constitute a binding Contract
between us. We understand that you are not bound to accept the lowest or any
quotation you receive.
We hereby confirm that this quotation complies with the conditions required by the
invitation for quotations.
Authorized Signature: ………………………………………………………………………
Name and Title of Signatory: …………………………………………...
……………………
Date: ……………………………………………………………………………………………
Name of Bidder: ……………………………………………………………………………
Address: …………………..………………………………………………….………………
24
Manufacturer’s Authorization Form
To: [name of the Purchaser]
WHEREAS [name of the Manufacturer] who are established and reputable
manufacturers of [name and/or description of the goods] having factories at [address of
factory]do hereby authorize [name and address of Agent] to submit a Quotation, and
subsequently negotiate and sign the Contract with you against Quotation No.
[reference of the Invitation for Quotations] for the above goods manufactured by us.
We hereby extend our full guarantee and warranty as per Clause 14 of the General
Conditions of Contract for the goods offered for supply by the above firm against
this Invitation for Quotations.
______________________________________________________________________
[Signature for and on behalf of Manufacturer]
Note:This letter of authority should be on the letterhead of the Manufacturer and should be
signed by a person competent and having the power of attorney to bind the
Manufacturer. It should be included by the Bidder in its Bid.
25
To: [name of the Purchaser]
WHEREAS [name of the Manufacturer] who are established and reputable
manufacturers of [name and/or description of the goods] having factories at [address of
factory]do hereby authorize [name and address of Agent] to submit a Quotation, and
subsequently negotiate and sign the Contract with you against Quotation No.
[reference of the Invitation for Quotations] for the above goods manufactured by us.
We hereby extend our full guarantee and warranty as per Clause 14 of the General
Conditions of Contract for the goods offered for supply by the above firm against
this Invitation for Quotations.
______________________________________________________________________
[Signature for and on behalf of Manufacturer]
Note:This letter of authority should be on the letterhead of the Manufacturer and should be
signed by a person competent and having the power of attorney to bind the
Manufacturer. It should be included by the Bidder in its Bid.
25
GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA
MEMORANDUM FOR ANTI-BRIBERY POLICY
This company _________________________________________ (name of Company) places
importance on competitive bidding taking place on a basis that is free, fair,
competitive and not open to abuse. It is pleased to confirm that it will not offer or
facilitate, directly or indirectly, any improper inducement or reward to any public
officer their relations or business associates, in connection with its bid, or in the
subsequent performance of the contract if it is successful.
This company has an Anti-Bribery Policy/ Code of Conduct and a Compliance
Program which includes all reasonable steps necessary to assure that the No-bribery
commitment given in this statement will be complied with by its managers and
employees as well as by all third parties working with this company on the public
sector projects or contract including agents, consultants, consortium partners, sub-
contractors and suppliers. Copies of our Anti- Bribery Policy/Code Conduct and
Compliance Program are attached.
______________________________ _______________
(Name of the Authorized Person) Signature
________________
Date
_________________________________
Company stamp/seal
26
MEMORANDUM FOR ANTI-BRIBERY POLICY
This company _________________________________________ (name of Company) places
importance on competitive bidding taking place on a basis that is free, fair,
competitive and not open to abuse. It is pleased to confirm that it will not offer or
facilitate, directly or indirectly, any improper inducement or reward to any public
officer their relations or business associates, in connection with its bid, or in the
subsequent performance of the contract if it is successful.
This company has an Anti-Bribery Policy/ Code of Conduct and a Compliance
Program which includes all reasonable steps necessary to assure that the No-bribery
commitment given in this statement will be complied with by its managers and
employees as well as by all third parties working with this company on the public
sector projects or contract including agents, consultants, consortium partners, sub-
contractors and suppliers. Copies of our Anti- Bribery Policy/Code Conduct and
Compliance Program are attached.
______________________________ _______________
(Name of the Authorized Person) Signature
________________
Date
_________________________________
Company stamp/seal
26
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